FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990 SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : XCEL XECUTIVE CLEANERS LTD (REPRESENTED BY PENINSULA BUSINESS SERVICE IRELAND LTD) - AND - A WORKER (REPRESENTED BY REDUNDANT WORKERS CENTRE) DIVISION : Chairman: Ms Jenkinson Employer Member: Ms Cryan Worker Member: Mr Shanahan |
1. Unfair Dismissal
BACKGROUND:
2. This case concerns a dispute between the Company and Worker in relation to unfair dismissal. The worker contends that she was being bullied at her work location by an employee of her employer's client. She claims to have raised these issues in the appropriate way but was dismissed by her employer as a result. The worker claims that her employer dismissed her for making the complaint rather than raising the issue with its client. The worker further contends that management acted in this way for fear that it would lose the client's business if it raised any accusations against one of its staff members.
The worker referred the matter to the Labour Court on 27th June 2012 in accordance with Section 20(1) of the Industrial Relations Act, 1969 and agreed to be bound by the Court's Recommendation. A Labour Court hearing took place on 21st February 2013.
The employer did not attend the hearing and was not represented.
WORKER'S ARGUMENTS:
3 1 The dismissal in this case in unfair. The worker was dismissed for raising an issue in relation to what had taken place in the course of her employment. She was dismissed so that her employer would not lose the business of its client if issues were raised on her behalf. As a result of its actions the employer did not follow fair procedures and failed in its duty of care to the employee.
RECOMMENDATION:
- The matter before the Court concerns the worker’s claim of unfair dismissal. The Claimant contended that she was dismissed as a result of complaints of bullying she made to her Employer against a staff member of a client company.
The Employer failed to attend the hearing.
Having heard the uncontested evidence of the Claimant the Court is satisfied that the manner of her dismissal in the circumstances as outlined to the Court were contrary to the provisions of the Code of Practice on Grievance and Disciplinary Procedure (S.I. No. 146 of 2000). Consequently, the Court finds that the dismissal of the Claimant was unfair and awards her the sum of €10,000 compensation in full and final settlement of the claim.
Signed on behalf of the Labour Court
Caroline Jenkinson
8th March 2013______________________
AHDeputy Chairman
NOTE
Enquiries concerning this Recommendation should be addressed to Andrew Heavey, Court Secretary.